Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 664 (ORI)

M/S.MAHAVIR RICE MILL, RAYAGADA v. ORISSA STATE FINANCIAL CORPORATION, O.M.P.SQUARE, CUTTACK

WP(C)/33943/2025 · 2026-03-16

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.33943 of 2025 M/s. Mahavir Rice Mill, Rayagada …. Petitioner Represented by Adv.- Mr. S. K. Mishra, Sr., Adv. -versus- Orissa State Financial Corporation, O.M.P. Square, Cuttack & Ors. …. Opp. Parties Represented by Adv.- Mr. A. Routray, Adv. CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH ORDER 16.03.2026 The borrower has presented this Petition under Articles 226 & 227 of the Constitution of India for laying a challenge to the coercive action of recovery pursuant to auction notice dated 07.03.2026. Learned Sr. Advocate Mr. Mishra appearing for the Petitioner submits that the business loan was availed in the year, 2000 in a sum of Rs.23,98,040/- (Rupees Twenty-Three Lakh Ninety Eight Thousand Forty) only and therefore, as on this day, the outstanding amount is stated to be Rs.9,29,44,095/-(Nine Crore Twenty-Nine Lakh Forty-Fourt Thousand Ninety-Five) only. He submits that there being some lapses on the part of the Order No. 06. p. 2 lending agency, for establishing the rice mill for which the loan was availed, could not fortify functionally. Now, counsel submits, his client is ready and willing to pay the principal amount but certainly not able to pay the interest that has accrued in crores on the same. Learned Panel Counsel appearing for the OSFC submits that the Petitioner had given a representation for waiver of the interest and that has been rejected on 10.03.2025 with a suggestion that it was open to him to apply for OTS, if he so chooses. However, Petitioner did not avail that opportunity till date and therefore, this Court should not interfere in writ jurisdiction. We agree with this. In the above circumstances, Petition is disposed off. No costs. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge Prasant